University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name California Correctional Peace Officers’ Association v. Schwarzenegger PC-CA-0036
Docket / Court 06CS01568 ( State Court )
State/Territory California
Case Type(s) Prison Conditions
Case Summary
On October 4, 2006, California Governor Schwarzenegger issued the Prison Overcrowding State of Emergency Proclamation. The Proclamation was issued in response to California's prison overcrowding crisis, so that the State could ship thousands of inmates to out-of-state prisons to ease overcrowding. ... read more >
On October 4, 2006, California Governor Schwarzenegger issued the Prison Overcrowding State of Emergency Proclamation. The Proclamation was issued in response to California's prison overcrowding crisis, so that the State could ship thousands of inmates to out-of-state prisons to ease overcrowding. Following the Proclamation, the State contracted with two prison companies and began moving prisoners out of California.

On October 30, 2006, two unions, the California Correctional Peace Officers Association and the Service Employees International Union Local 1000, filed suit against Gov. Schwarzenegger and the California Department of Corrections and Rehabilitation (CDCR) in the Sacramento County Superior Court, attempting to block the CDCR from transferring inmates to out-of-state prisons.

On February 20, 2007, the Superior Court (Judge Gail Ohanesian) ruled that Gov. Schwarzenegger's Emergency Proclamation was "unlawful," and held that the State of California was not allowed to contract for services that were usually performed by civil service employees within the state. The Court enjoined the CDCR from transferring any inmates out of state under contracts that were signed in accordance with the Emergency Proclamation. Enforcement of the judgment was stayed while the CDCR appealed.

Defendants filed a Petition for Writ of Supersedeas with the Third Appellate District of California. On April 12, 2007, the Appellate Court (Presiding Judge Arthur Scotland) issued an order staying the judgment of the Superior Court until the plaintiffs responded to the Writ.

As of the date of this summary, the matter was still pending in the Third Appellate District of California.

Dan Dalton - 04/16/2007


compress summary

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Issues and Causes of Action
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Issues
Crowding
Crowding / caseload
Plaintiff Type
Private Plaintiff
Type of Facility
Government-run
Causes of Action State law
Defendant(s) California Department of Corrections and Rehabilitation (CDCR)
Plaintiff Description Unions which represent civil service employees in the state prisons seeking to protect the rights of their members and a correctional officer and a member and officer of one of the unions
Indexed Lawyer Organizations None on record
Class action status sought No
Class action status granted No
Prevailing Party Plaintiff
Public Int. Lawyer No
Nature of Relief Injunction / Injunctive-like Settlement
Source of Relief Litigation
Form of Settlement None on record
Order Duration 2007 - n/a
Case Closing Year n/a
Case Ongoing Yes
Additional Resources
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Case Studies Civil Rights Injunctions Over Time: A Case Study of Jail and Prison Court Orders
N.Y.U. Law Review
By: Margo Schlanger (Washington University)
Citation: 81 N.Y.U. L. Rev. 550 (2006)
[ Detail ] [ PDF ] [ External Link ]

  Judicial Policy Making and the Modern State: How the Courts Reformed America's Prisons
By: Malcolm M. Feeley & Edward Rubin (UC Berkeley Boalt Hall School of Law & Vanderbilt School of Law Faculty)
Citation: (1998)
[ Detail ]

Docket(s)
06CS01568 (State Trial Court) 10/30/2006
PC-CA-0036-9000.pdf | Detail
C055327 (State Court of Appeals) 04/12/2007
PC-CA-0036-9001.pdf | Detail
State Court Website
C055327 (State Court of Appeals) 05/25/2010
PC-CA-0036-9002.pdf | Detail
General Documents
Prison Overcrowding State of Emergency Proclamation 10/04/2006
PC-CA-0036-0002.pdf | Detail
Ruling on Submitted Matter 02/20/2007
PC-CA-0036-0001.pdf | Detail
Judges Ohanesian, Gail D. (State Trial Court)
PC-CA-0036-0001
Scotland, Arthur G. (State Appellate Court)
PC-CA-0036-9001
Monitors/Masters None on record
Plaintiff's Lawyers Adam, Gregg Mclean (California)
PC-CA-0036-0001 | PC-CA-0036-9002
Albertine, Christine (California)
PC-CA-0036-0001
Harris, Paul Eugene (California)
PC-CA-0036-9000 | PC-CA-0036-9002
Sybesma, Benjamin C. (California)
PC-CA-0036-0001 | PC-CA-0036-9000 | PC-CA-0036-9002
Yank, Ronald (California)
PC-CA-0036-9000
Defendant's Lawyers Whitney, Vickie Pochelle (California)
PC-CA-0036-0001 | PC-CA-0036-9002
Other Lawyers None on record

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